[WSBARP] Clearing Title on old Deed of Trust

[John McCrady]

Have you discussed the deed of trust with the title company?  Depending on the circumstances and chain of title, the title company may be willing to insure around the deed of trust on a risk basis.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Chris Moore
Sent: Monday, December 05, 2016 9:28 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Clearing Title on old Deed of Trust

We were preparing to close on a real estate sale from an estate when we discovered a 30+ year old deed of trust that had not been reconveyed.  The Beneficiaries, a husband and wife, are long since deceased.  The grantor is deceased, thus the probate.  Chicago Title Company, the Trustee, no longer operates in Kitsap County.

My initial thought was that RCW 61.16.030 passed in 2013 would permit a quick reconveyance.  However, my reading of that statute shows that it requires evidence of payment.  The DOT Note was probably paid off many years ago, however, we have no proof that it was.  So, I then tried to contact the heirs of the beneficiaries with no success.

Is there anything short of a quiet title action that can be done to clear this old DOT?

Sincerely,

Chris J. Moore
Christopher J. Moore, JD, CPA (Inactive), AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street, POB 835
Lewiston, Idaho 83501-0835
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com<http://www.cmd-law.com/>

*Certified as an Estate Planning Law Specialist by the Estate Law Specialist Board, Inc., the only estate planning certification entity approved by both the American Bar Association and the Idaho State Bar Association.
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